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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. In the first instance trial, the Plaintiff sought payment of unjust enrichment calculated at the rate of KRW 16,29,412,40,36, 47, 47, 40, 41, 42, 42, 43, 26, 27, 28, 29, 30, 32, 33, 34, 35, 36, and 16 of the portion inside the ship connected in order of 16, 29, 41, 42, 42, 43, 26, 27, 28, 29, 30, 16, among the parts inside the ship which were connected in the order of 1,232 square meters of land, and the delivery of the said land, ② unjust enrichment from the Defendant’s occupation without permission; ③ the removal and delivery date of the removal and delivery date; and ③ the amount of unjust enrichment calculated at the rate of KRW 16,371,20.
제1심은 이 사건 토지 중 별지 도면 표시 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 16의 각 점을 차례로 연결한 선내 ㉡부분 459㎡ 및 별지 도면 표시 37, 44, 45, 46, 47, 40, 39, 38, 37의 각 점을 차례로 연결한 선내 ㉣부분 217㎡ 지상에 있는 건축물과 지장물 철거 및 위 각 토지 인도, 부당이득금 32,481,000원 및 이에 대한 지연손해금 지급과 2013. 2. 14.부터 위 철거 및 토지 인도 완료일까지 월 325,250원의 비율로 계산한 돈의 지급을 명하였다.
Therefore, since only the plaintiff appealed, only the part requesting the delivery of 556 square meters in line with each point of the attached Form 2, 37, 38, 39, 40, 41, 42, 43, 26, 25, 24, 23, 22, 21, 20, 19, 18, 17, and 2 of the land in this case, and the remaining part excluding the amount cited in the first instance court among the claim for unjust enrichment.
2. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for amendments as follows. Thus, this is accepted in accordance with the main sentence of Article 420 of the
The title of paragraph (2) shall be determined by the "Determination on the obligation to deliver part of the common area".
In addition to the first sentence of paragraph 2 (the first sentence) and the first sentence of paragraph 2 (the “Duty to Return” up to the first sentence) and the “the last sentence of the fourth place”, the deletion will take place.
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